Wednesday, 13 June 2001 - Day Seven of Full Bench Arbitration
Wednesday, 13 June 2001 - Day Seven of Full Bench Arbitration
Day seven commenced with Kathryn Heiler, Senior Analyst with ACIRRT at the University of Sydney taking the witness box to provide expert evidence on rosters and shiftwork. Ms Heiler was cross-examined by Tim Jacobs, barrister for Yallourn Energy.
Jacobs questioned Ms Heiler about her opinion on various aspects of shift-work in general and the how Yallourn Energy's proposed MX Award fitted those requirements. Ms Heiler talked about the ability of shift-workers to recuperate properly from a series of shifts and the limits that should exist to ensure this. Another area of concern was the excessive amount of hours that people are working at Yallourn.
Ms Heiler elaborated further on these matters when re-examined by Mr Slevin for the CFMEU. At 11:50 am, Justin Felsbourg, CFMEU Convenor at Yallourn Power Station, again took the witness stand for cross-examination by Nick Green for the company.
Despite it being a part of conciliation, Green was permitted to raise the events of the December 2000 ballot at Yallourn and the 'No' vote campaign run against it in Latrobe Valley. Green also questioned Mr Felsbourg about an interview on Gippsland FM Radio in October 2000 and a range of other matters whereupon the cross-examination finished at 12:40 pm.
The afternoon session started with the CFMEU's Tony Slevin handing up and explaining the relevance of evidence such as: transcripts of the cross-examination of Yallourn Energy's IR Manager, Peter Chapple in the termination of the bargaining period case; company flyers about the new mine plan; other Yallourn Energy documents; a further ten witness statements from a range of community and industry representatives; and excerpts from a Productivity Commission Report.
Mr Green then tendered a summary of Yallourn Energy's submissions and the Edison Mission agreement at Loy Yang B Power Station.
Neil Henderson then made the ASU's opening. This included support for the CFMEU's opening and draft MX Award. Mr Henderson was critical of the company for its allegations that the ASU was involved in certain industrial actions during the dispute.
Mr Henderson raised many issues surrounding the operation of the company's intended MX Award in conjunction with what ever industrial instrument may exist in the Mine Maintenance area as well as complexities over personal contracts and the effect of different union membership in both the mine and station.
Mr Henderson tendered an outline of the ASU submissions, witness statements from Terry Heyes (Orgaiser, ASU), Denis McAuley (ASU, Yallourn Power Station) and Marinko Jankovic (ASU, Yallourn Mine), extracts of various agreements, an excerpt of the SECV conditions of employment agreement 1992, extracts of the SECV Human Resources Manual, the 1993 Act that restructured the SECV, a letter from former SECV HR manager Bruce Lawn regarding "no compulsary redundancies" and an AIRC decision which continued the operation of the SECV HR Manual at AGL Electricity.
Mr Henderson also tendered a document on behalf of APESMA whose representative was not present. With the three unions having thus concluded their evidence the day was adjourned.